More Than One Million People Impacted by 2023 Nuance Communications Data Breach, Class Action Says

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Nuance Communications faces a proposed class action after the sensitive information of more than one million people reportedly fell into the hands of criminal hackers during a late-May 2023 data breach. 

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The 46-page case says that Nuance, which provides artificial intelligence (AI) solutions to clinicians, radiologists and care teams to document patient healthcare visits, was among the many organizations affected by the massive MOVEit file transfer service data breach earlier this year. Per the suit, MOVEit, a vendor for Nuance, was hacked between May 28 and May 29, yet Nuance did not begin to notify victims that their data was stolen until around September 22. 

According to the lawsuit, information compromised in the Nuance data breach included individuals’ names, details of radiology studies, healthcare provider names, dates of service, Social Security numbers and other personal identifiers. The filing says that Nuance’s services are used by 77 percent of hospitals and 10,000 healthcare organizations around the globe. 

“Nuance owed a non-delegable duty to Plaintiff and Class members to implement and maintain reasonable and adequate security measures to secure, protect, and safeguard their Private Information against unauthorized access and disclosure. It also had an obligation to ensure that any vendor or third party it selected to offload the sensitive information it was entrusted with would take reasonable measures to safeguard that data.” 

The filing accuses Nuance of allowing proposed class members’ private data to be stored in an unencrypted form “despite the heightened sensitivity” of the information. Per the suit, Nuance “intentionally, willfully, recklessly, or negligently” failed to implement and maintain adequate cybersecurity measures to ensure consumers’ data remained secure. 

“As a result, the Private Information of Plaintiff and Class members was compromised through disclosure to an unknown and unauthorized third party,” the case says. “Plaintiff and Class members have a continuing interest in ensuring that their information is and remains safe, and they should be entitled to injunctive and other equitable relief.” 

The lawsuit looks to cover all persons whose personal and/or health information was compromised in the Nuance Communications data breach, including everyone who received notice of the incident. 

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